On March 21, 2023, the New Hampshire Supreme Court, answering a certified question from the U.S. District Court for the District of New Hampshire, concluded that New Hampshire does not…
All posts in Bad Faith
A Changing Climate: The Rising Tide of ESG Liability and Implications for D&O Coverage
By: Celestine Montague and Christopher M. Quinlan The latest legal buzzword, ESG, represents the environmental, social and governance factors that many corporations are now required to consider and disclose alongside…
Massachusetts Federal Court Rejects Adria Towers, Finds Construction Defects Not an “Occurrence”
By: Eric B. Hermanson and Austin D. Moody In an important ruling for insurers, U.S. District Court Judge Patti Saris found that Massachusetts does not follow the position taken in…
Middle District of Florida Court Rejects Claim that Negligence is Sufficient to Support a Finding of Bad Faith
What happens when an insurer tenders its policy limits, only to have its offer rejected on the basis that the insurer negligently handled the claim?
District of New Jersey Court Clarifies Primary Insurer’s Duty of Good Faith to Excess Insurer
By: Anthony L. Miscioscia and Margo E. Meta A primary insurer has a duty of good faith to an excess insurer to attempt to negotiate a settlement with a third-party…
No Such Thing as “Institutional Bad Faith,” Pennsylvania Superior Court Concludes
A published Pennsylvania decision favorable to insurance companies, the Wenk case would apply to future claims in both the first- and third-party contexts.